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Posted (edited)

This past weekend I was able to spend a considerable amount of time with my son :thumbsup_anim: we went to a small town called Havelock and stayed with my aunt and uncle in their spacious 5th wheel trailer... it was awesome!

 

My uncle owns a farm with a large pond on it... that is teaming with largemouth and large sunfish that were stocked 20+ years aGo These fish have never seen a fishing lure....

 

My question is does a small privately owned pond, on private land still fall within the MNR mandate and their open and closed seasons etc?

 

thanks for any and all replies

 

 

G.

Edited by Gerritt
Posted (edited)

You still have to follow the seasons and limits when hunting on your privately owned land, why would fishing be any different?? I think those public pay by the inch trout ponds are licenced in some way and are possibly exempt though.

 

Would you shoot a duck out of season on that pond, if not why would you take a fish out of season?

Edited by dave524
Posted

Add to this one more twist.... My uncle does not have a fishing license.... he has not fished since he was a boy...... so would he need a fishing license in order to fish his own pond? for his own fish? fish he owns...? say he wanted to thin them out.... what would the law be here?

 

 

G

Posted

You still have to follow the seasons and limits when hunting on your privately owned land, why would fishing be any different?? I think those public pay by the inch trout ponds are licenced in some way and are possibly exempt though.

 

Would you shoot a duck out of season on that pond, if not why would you take a fish out of season?

Because the ducks were not stocked by the landowner... :whistling:

Posted

You still have to follow the seasons and limits when hunting on your privately owned land, why would fishing be any different?? I think those public pay by the inch trout ponds are licenced in some way and are possibly exempt though.

 

Would you shoot a duck out of season on that pond, if not why would you take a fish out of season?

 

Stocked fish.

 

Unless they came in as eggs on birds feet or something.

Posted

Because the ducks were not stocked by the landowner... :whistling:

 

No, not ducks, but I have released young pheasants on private land many years ago and we did have to wait until opening day. Again, the pay to hunt pheasant operations are licenced and do get an exemption. Generally the land owner does not own the wildlife even though it is on his land, it is the Crown.

Posted

If its a stocked pond, and has no in/outflow, he can fish it all he wants, and whenever he wants.

 

If it has in/outflow, he has to follow the open seasons.

 

S.

Posted

I found this on the MNR website, someone with a similar question that was answered, but I suggest just calling the local CO and asking specifically:

 

 

WATERS ON PRIVATE PROPERTY – APPLICATION OF REGULATIONS

 

 

Question Re: Private Property

I own a large parcel of land with a good sized spring-fed pond on it, the pond drains off of my land into a near-by river. I know there are fishing the pond, do I need a licence to fish in the pond and do the seasons apply on my property?

 

 

 

Answer:

Because your pond has an outflow the laws requiring a licence and the various fishing seasons would apply to your pond. The Ontario Fishery Regulations, which contain the rules for sport fishing in Ontario, apply to all water in the province with the exception of National Parks, waters that are licenced under an aquaculture licence and waters that occur on private lands that meet all of the following conditions:

 

  • The waters are not on a regional flood plain,
  • The waters lie wholly on privately owned land,
  • The waters are not connected to natural waters,
  • The waters contain water from run-off, springs, ground water or water pumped from a stream or lake; AND
  • The waters have been artificially created.

 

If the pond meets all of the list above the fish must then come from a licenced aquaculture facility or a licenced commercial fish operation; they cannot be caught by sport-fishing and transferred to the pond.

 

 

Posted (edited)

No, fishing laws do not apply to man made privately stocked lakes that are not connected to natural waterways. No license, no limits, no gear restrictions, no season.

 

That is what I was told by the MNR a few years ago when I contacted them with the same question Gerritt.

Edited by fishnsled
Posted

I found this on the MNR website, someone with a similar question that was answered, but I suggest just calling the local CO and asking specifically:

 

 

WATERS ON PRIVATE PROPERTY – APPLICATION OF REGULATIONS

 

 

Question Re: Private Property

I own a large parcel of land with a good sized spring-fed pond on it, the pond drains off of my land into a near-by river. I know there are fishing the pond, do I need a licence to fish in the pond and do the seasons apply on my property?

 

 

 

Answer:

Because your pond has an outflow the laws requiring a licence and the various fishing seasons would apply to your pond. The Ontario Fishery Regulations, which contain the rules for sport fishing in Ontario, apply to all water in the province with the exception of National Parks, waters that are licenced under an aquaculture licence and waters that occur on private lands that meet all of the following conditions:

 

  • The waters are not on a regional flood plain,
  • The waters lie wholly on privately owned land,
  • The waters are not connected to natural waters,
  • The waters contain water from run-off, springs, ground water or water pumped from a stream or lake; AND
  • The waters have been artificially created.

 

If the pond meets all of the list above the fish must then come from a licenced aquaculture facility or a licenced commercial fish operation; they cannot be caught by sport-fishing and transferred to the pond.

 

 

The pond is spring fed (underground) but has no outflow... but it doesn't lose water either... it is always consistent. thanks for all the replies guys... I have sent a email off to the MNR for some better clarification... as we need to rid the pond of some pike that have somehow found their way into the pond... No idea how that happened... pulled out two over the weekend..... but caught a ton of Bass and some monster sunnies! I will post a full report later on.

 

Thank again everyone for your comments..... looks as though I have found a year round honey hole :)

 

G

Posted

 

If the pond meets all of the list above the fish must then come from a licenced aquaculture facility or a licenced commercial fish operation; they cannot be caught by sport-fishing and transferred to the pond.

 

Does he have a bill of sale for the fish? Or is it a naturalized population from a white bucket transfer from a nearby water body many years ago? I would tread lightly if fishing outside the fish and game act.

Posted

The pond is spring fed (underground) but has no outflow... but it doesn't lose water either... it is always consistent. thanks for all the replies guys... I have sent a email off to the MNR for some better clarification... as we need to rid the pond of some pike that have somehow found their way into the pond... No idea how that happened... pulled out two over the weekend..... but caught a ton of Bass and some monster sunnies! I will post a full report later on.

 

Thank again everyone for your comments..... looks as though I have found a year round honey hole :)

 

G

Pike often get into ponds that are on a floodplain if this is the case then the rules change as noted above. The pond is spring fed but did someone create the pond by digging it out? If the pond was a natural formation again the rules change as noted above.

Posted

Pike often get into ponds that are on a floodplain if this is the case then the rules change as noted above. The pond is spring fed but did someone create the pond by digging it out? If the pond was a natural formation again the rules change as noted above.

 

 

Nope... man made.... dug till they hit the water table.... 25+ feet... Water has NEVER had to be added to the pond, nor have they ever had flooding... and they are a long ways away from the nearest body of water.... I assume either a bird (Hawk, eagle etc) MAY have dropped one in years ago.... or there was some sort of screw up when the fish were purchased 20+ years ago... or it could have been someone stupid thinking they were getting rid of minnows...

 

who knows :dunno: all we know is we did not stock pike.... nor has there ever been a flood or has the pond ever spilled over....

 

 

G

Posted

Does he have a bill of sale for the fish? Or is it a naturalized population from a white bucket transfer from a nearby water body many years ago? I would tread lightly if fishing outside the fish and game act.

 

Wouldn't matter if aliens from the future beamed them there; he wouldn't be fishing outside the fish and game act.

 

Fish eggs come in to private ponds on birds all the time. Could be how your pike got there.

Posted

Managing water bodies is tricky stuff. Part science, part art and some voodo. Some pike may not be a bad thing as they would keep the panfish and small bass in check. I've fished a few ponds that had nothing but 1lb bass in them. Boring!

Posted

Wouldn't matter if aliens from the future beamed them there; he wouldn't be fishing outside the fish and game act.

 

Fish eggs come in to private ponds on birds all the time. Could be how your pike got there.

 

Read bigmacs quote from the MNR very carefully, the last line seems pretty clear, The fish must be planted there from a licenced source if all the conditions apply, fish that naturalize in a pond through other means do not apply.

Posted

Read bigmacs quote from the MNR very carefully, the last line seems pretty clear, The fish must be planted there from a licenced source if all the conditions apply, fish that naturalize in a pond through other means do not apply.

 

It does not say that fish naturalizing in a pond through other means apply.

 

Here`s one for you - you and your neighbor each have ponds. You stock yours with trout, and he stocks his with bass. Bass will likely end up in your pond via birds. Are you then not allowed to fish in your own pond because a duck with eggs on it`s feet swam in it?

 

As long as you're not catching fish and transporting them yourself (which would be a worse fine than fishing out of season).

Posted

Managing water bodies is tricky stuff. Part science, part art and some voodo. Some pike may not be a bad thing as they would keep the panfish and small bass in check. I've fished a few ponds that had nothing but 1lb bass in them. Boring!

 

 

Agreed Rob.... we are just trying to remove a few as he was seeing dead bass with markings on them.... meaning they were attacked, but not consumed... he figures he may have 5-10 pike in there... solely by seeing them..... he wanted to have a few removed to help manage them, and let the Bass and Sunfish have a fighting chance....

 

It was insane fishing to say the least... one cast... one fish :thumbsup_anim: needless to say my son was more then thrilled! I am uploading photos now to begin a report ;)

 

G

Posted

That is what I was told by the MNR a few years ago when I contacted them with the same question Gerritt.

 

 

Thanks Will :)

Posted

Well Gerritt, I can't answer your question at all, but I gotta say how pleased I am that you and your son got to spend that quality time together... I hope you get to do it again often and soon!

HH

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